We are contractor and working for railways, preparing bed (earthen bed ) for laying railway track ( doubling of track ), for this soil was required and NWR deputy chief engineer wrote to DM tonk for approval under central govt's amrit sarovar scheme from

In India
Last Updated: Jan 8, 2026
Need to get these vehicle released at the earliest, please suggest how should this be initiated??

Lawyer Answers

Quartz Legal Associates

Quartz Legal Associates

Jan 8, 2026
On the facts stated, the action of the SDM and Tehsildar in raiding the site, compounding vehicles, and detaining six vehicles at the Tehsil office is ex facie illegal, arbitrary, and without jurisdiction. The excavation of soil was undertaken for a public railway infrastructure project pursuant to written approval granted by the District Magistrate, Tonk, with consent of the Panchayat authorities and official communication from North Western Railway under the Amrit Sarovar Scheme. Subordinate revenue officers could not lawfully disregard or sit in appeal over the DM’s approval. The detention of vehicles without issuance of a seizure memo, notice, or FIR violates statutory procedure and Articles 14 and 300A of the Constitution of India, rendering the action unsustainable in law.

Steps to follow: First, immediately submit a written representation to the District Magistrate, Tonk, enclosing all approvals and seeking release of vehicles and restraint orders against further interference. Second, place the matter on record with the Railway authorities, requesting their intervention as the work pertains to a Central Government project. Third, if vehicles are not released forthwith, file a writ petition under Article 226 before the Rajasthan High Court seeking quashing of the illegal action, release of vehicles, and protection from harassment. Fourth, record all actions taken by the SDM/Tehsildar in writing and under protest, and preserve all documents and evidence for legal proceedings.
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